NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company)

Transcription

1 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) FINANCIAL STATEMENTS (STATUTORY BASIS) DECEMBER 31, 2010 and 2009

2 J pwc To the Board of Directors of New York Life Insurance and Annuity Corporation: Report of Independent Auditors We have audited the accompanying statutory statements of financial position of New York Life Insurance and Annuity Corporation (the "Company") as of December 31, 2010 and 2009, and the related statutory statements of operations, of changes in surplus, and of cash flows for the years then ended. These financial statements are the responsibilty of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As described in Note 1 to the financial statements, the Company prepared these financial statements using accounting practices prescribed or permitted by the Insurance Department of the State of Delaware ("statutory basis of accounting"), which practices differ from accounting principles generally accepted in the United States of America. The effects on the financial statements of the variances between the statutory basis of accounting and accounting principles generally accepted in the United States of America are material; they are described in Note 1. In our opinion, the financial statements referred to above (1) do not present fairly in conformity with generally accepted accounting principles, the financial position of the Company as of December 31, 2010 and 2009, or the results of its operations or its cash flows for the years then ended because of the effects of the variances between the statutory basis of accounting and accounting principles generally accepted in the United States of America referred to in the third paragraph of this report, and (2) present fairly, in all material respects, its financial position and the results of its operations and its cash flows, on the statutory basis of accounting described in Note 1. As disclosed in the notes to the financial statements, the Company has significant transactions with New York Life Insurance Company and its affliates. Because ofthese relationships, it is possible that the terms of the transactions are not the same as those that would result from transactions among wholly unrelated parties. As described in Note 1 to the financial statements, the Company changed its method of accounting for other-than-temporary impairments for loan-backed and structured securities and changed its method of accounting for deferred taxes in : LLP March 16, 2011 PricewaterhouseCoopers LLP, PricewaterhouseCoopers Center, 300 Madison Avenue, New York, NY T: (646) , F: (813) ,

3 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) STATUTORY STATEMENTS OF FINANCIAL POSITION December 31, (in millions) Assets Bonds $ 58,868 $ 54,551 Common and preferred stocks Mortgage loans 5,629 5,661 Real estate 17 6 Policy loans Cash, cash equivalents and short-term investments Limited partnerships and other long-term investments 1,840 1,750 Derivatives Amounts due for undelivered securities Total cash and invested assets 68,222 63,665 Investment income due and accrued Separate account assets 22,252 18,635 Interest in annuity contracts 6,071 5,521 Other assets Total assets $ 97,717 $ 88,833 Liabilities, Capital and Surplus Liabilities: Policy reserves $ 56,445 $ 51,644 Deposit funds Policy claims Separate account liabilities 22,233 18,624 Separate account transfers due and accrued (476) (436) Borrowed money Obligations under structured settlement agreements 6,071 5,521 Liability for securities lending Derivatives Other liabilities 701 1,067 Payable to parent Funds held under coinsurance - affiliated 4,797 4,874 Interest maintenance reserve Asset valuation reserve Total liabilities 92,293 83,835 Capital and Surplus: Capital stock - par value $10,000 (20,000 shares authorized, 2,500 issued and outstanding) Additional paid-in capital 3,628 3,628 Unassigned surplus 1,771 1,345 Total capital and surplus 5,424 4,998 Total liabilities, capital and surplus $ 97,717 $ 88,833 See accompanying notes to financial statements

4 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) STATUTORY STATEMENTS OF OPERATIONS Years Ended December 31, (in millions) Income Premiums $ 10,162 $ 12,032 Net investment income 3,407 3,106 Other income Total income 14,114 15,643 Benefits and expenses Benefit payments: Death benefits Annuity benefits 1,528 1,267 Surrender benefits 3,703 3,369 Other benefits ,445 4,820 Additions to policy reserves 4,773 8,109 Net transfers to Separate Accounts 1, Adjustment in funds withheld Operating expenses 1,334 1,359 Total benefits and expenses 13,356 15,041 Gain from operations before federal income tax Federal income tax expense Net gain from operations Net realized capital losses, after taxes and interest maintenance reserve transfers (52) (126) Net income $ 562 $ 225 See accompanying notes to financial statements

5 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) STATUTORY STATEMENTS OF CHANGES IN SURPLUS December 31, (in millions) Capital and surplus, beginning of year as previously reported $ 4,998 $ 3,596 Net income Change in asset valuation reserve (96) (107) Change in net deferred income tax (51) 23 Change in nonadmitted assets 18 5 Change in net unrealized losses on investments (12) (4) Change in special surplus funds-deferred tax 5 - Additional paid in capital - 1,000 Cumulative effect of changes in accounting principles-deferred tax Cumulative effect of changes in accounting principles - 80 Change in reserve valuation basis - 25 Other adjustments, net - 7 Capital and surplus, end of year $ 5,424 $ 4,998 See accompanying notes to financial statements

6 Cash flow from operating activities: Years Ended December 31, (in millions) Premiums received $ 10,159 $ 12,025 Net investment income received 3,390 3,038 Other income received Total received 14,092 15,551 Benefits and other payments 5,361 4,745 Operating expenses 1,303 1,326 Other operating cash outflows 1, Total paid 8,624 6,579 Net cash from operating activities 5,468 8,972 Cash flow from investing activities: NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) Proceeds from investments sold 16,319 18,421 Proceeds from investments matured or repaid 21,946 18,990 Cost of investments acquired (42,967) (47,217) Net change in policy loans (17) (56) Net cash from investing activities (4,719) (9,862) Cash flow from financing and other activities: STATUTORY STATEMENTS OF CASH FLOWS Capital Contribution Net (repayment) borrowing under credit agreement (41) 51 Securities sold under agreements to repurchase 9,953 3,247 Securities repurchased (10,296) (2,758) Other miscellaneous uses (177) (982) Net cash from financing and other activities (561) 435 Net increase (decrease) in cash, cash equivalents and short-term investments 188 (455) Cash, cash equivalents and short-term investments, beginning of year 606 1,061 Cash, cash equivalents and short-term investments, end of year $ 794 $ 606 See accompanying notes to financial statements

7 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) STATUTORY STATEMENTS OF CASH FLOWS (continued) Supplemental disclosures of cash flow information: Non-cash investing and financing activities during the year: Years Ended December 31, (in millions) Transfer of other invested assets to bonds $ 106 $ - Transfer of mortgage loans to other invested assets 24 - Transfer of mortgage loans to real estate 2 6 Transfer of bonds to common stocks 1 - Capital contribution Total non-cash transactions $ 133 $ 129 See accompanying notes to financial statements - 6 -

8 NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A wholly owned subsidiary of New York Life Insurance Company) NOTES TO STATUTORY FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 1 - NATURE OF OPERATIONS New York Life Insurance and Annuity Corporation ("the Company" or NYLIAC ), domiciled in the State of Delaware, is a direct, wholly owned subsidiary of New York Life Insurance Company ("New York Life" or NYL ). The Company is comprised of two primary business operations: U.S. Life Insurance and Agency and Retirement Income Security. The Company offers a wide variety of interest sensitive and variable life insurance and annuity products to a large cross section of the insurance market. The Company markets its products in all 50 states of the United States of America and the District of Columbia, primarily through New York Life s agency force, with certain products also marketed through independent brokers and brokerage general agents. Basis of Presentation The accompanying financial statements have been prepared using accounting practices prescribed or permitted by the Delaware State Insurance Department ( statutory accounting practices ), which is a comprehensive basis of accounting other than accounting principles generally accepted in the United States of America ( GAAP ). The Delaware State Insurance Department ( DSID ) recognizes only statutory accounting practices prescribed or permitted by the State of Delaware for determining and reporting the financial condition and results of operations of an insurance company and for determining its solvency under Delaware State Insurance Law. The National Association of Insurance Commissioners ( NAIC ) Accounting Practices and Procedures Manual ( NAIC SAP ) has been adopted as a component of prescribed or permitted practices by the State of Delaware. Prescribed statutory accounting practices include state laws and regulations. Permitted statutory accounting practices encompass accounting practices that are not prescribed; such practices differ from state to state, may differ from company to company within a state, and may change in the future. The Company has filed plans of operations with the DSID for Guaranteed Universal Life and Guaranteed Variable Universal Life Separate Accounts wherein the Company has elected to value the assets of the separate account at book value rather than at market value as prescribed in NAIC SAP. These products are sold to employers to offset liabilities relating to defined contribution and defined benefit plans and provide a guaranteed minimum crediting rate. Through affirmative approval of the plans of operations by the DSID, presenting the assets of the Company s Guaranteed Universal Life and Guaranteed Variable Universal Life Separate Accounts at book value is a permitted practice. For the years ended December 31, 2010 and 2009, there were no differences in net income between NAIC SAP and practices prescribed or permitted by the State of Delaware. A reconciliation of the Company s surplus at December 31, 2010 and 2009 between NAIC SAP and practices prescribed or permitted by the State of Delaware is shown below (in millions): Statutory Capital and Surplus, Delaware basis $ 5,424 $ 4,998 State permitted practices: Presenting Universal Life and Variable Universal Life Separate Accounts at book value Statutory Capital and Surplus, NAIC SAP $ 5,548 $ 5,

9 Certain amounts in prior years have been reclassified to conform to the current year presentation. These reclassifications had no effect on net income or surplus as previously reported. Changes in Accounting Principles Accounting changes adopted to conform to the provisions of NAIC SAP are reported as changes in accounting principles. The cumulative effect of changes in accounting principles is generally reported as an adjustment to unassigned funds (surplus) in the period of the change in accounting principle. Generally, the cumulative effect is the difference between the amount of capital and surplus at the beginning of the year and the amount of capital and surplus that would have been reported at that date if the new accounting principles had been applied retroactively for all prior periods. In December 2009, the NAIC issued Statements of Statutory Accounting Principles ( SSAP ) No. 10R Income Taxes-Revised, A Temporary Replacement of SSAP 10 (SSAP 10R). This guidance provides an increase in the admissibility limitation from 10% to 15% of capital and surplus and an increase in the reversal/realization periods from one to three years. It requires gross deferred tax assets ( DTAs ) to be reduced by a statutory valuation allowance if it is more likely than not that some portion or all of the gross DTAs will not be realized. The Company adopted this guidance effective for 2009 and later statutory financial statements. In September 2010, the NAIC extended SSAP 10R through 2011 and incorporated additional disclosures for tax-planning strategies. As of December 31, 2009, the effect of adopting this pronouncement was an increase to surplus of $148 million and is reported as a specifically identified change in accounting principle in the Statutory Statements of Changes in Surplus. In September 2009, the NAIC issued SSAP No. 43R Loan-backed and Structured Securities, ( SSAP 43R ) an amendment of SSAP No. 43 Loan-backed and Structured Securities replacing SSAP No. 98 Treatment of Cash Flows When Quantifying Changes in Valuation and Impairments, an Amendment of SSAP No. 43-Loan-backed and Structured Securities. SSAP 43R provides that for loan-backed and structured securities for which (i) fair value is less than cost, (ii) the Company does not intend to sell the security and (iii) the Company has the intent and ability to hold the security until recovery, the Company should determine if there is a non-interest related impairment by comparing the present value of the cash flows expected to be collected to the amortized cost basis. If the net present value of the cash flows expected to be collected is less than amortized cost, the security is impaired, and the difference is recorded as a realized loss in net income. The new cost basis of the security is the previous amortized cost basis less the non-interest impairment recognized in net income. If fair value is less than amortized cost and the Company (i) has the intent to sell the security, or (ii) does not have the intent and ability to retain the security until recovery of its carrying value, the security is written down to fair value with the associated realized loss reported in net income. The non-interest portion of the realized loss is recognized in the asset valuation reserve ( AVR ), and the interest portion in the interest maintenance reserve ( IMR ). The fair value at the time of the impairment becomes the security's new cost basis. SSAP 43R requires that for beneficial interests in securitized financial assets that are not of high credit quality or can contractually be prepaid or otherwise settled in such a way that the reporting entity would not recover substantially all of its recorded amount, determined at acquisition, if fair value is less than amortized cost and there has been a negative change in cash flows, an other-than-temporary impairment ( OTTI ) must be taken. The amount of the impairment is based upon the criteria discussed above. The carrying value of these securities is determined using the prospective yield method. The Company adopted SSAP 43R effective July 1, 2009 and recorded an increase to surplus of $80 million, net of taxes, as a change in accounting principle in the Statutory Statements of Changes in Surplus. The NAIC amended Actuarial Guideline XLIII, CARVM for Variable Annuities. This guidance allows companies to set reserves that more accurately and appropriately reflect the risks of the variable annuities - 8 -

10 with guarantees through stochastic modeling. This guidance was effective December 31, The adoption of this guidance resulted in a reduction in reserves of $50 million as of January 1, This positive impact on surplus is reflected as a change in reserve valuation basis in the accompanying Statutory Statements of Changes in Surplus. New Accounting Pronouncements In December 2010, the NAIC expanded on its guidance for determining NAIC designations for all loanbacked and structured securities. The RMBS initiative, which began in 2009 to create a modeling and rating process for non-agency residential mortgage-backed-securities ( RMBS ) was expanded to include commercial mortgage-backed-securities ( CMBS ). As part of this initiative, all loan-backed and structured securities designations are to be determined using one of the following three methods: (i) modeling for RMBS and CMBS; (ii) derived from rating agency ratings or Securities Valuation Office ( SVO ) ratings, where rated securities are not modeled and the rating is not stale; or (iii) the current 5*/6* rule. A security s carrying amount is based upon the initial NAIC Designation, which is determined using the security's amortized cost. A final NAIC designation is determined using the security s carrying amount. This final NAIC designation is applicable for all statutory accounting and reporting purposes, including establishing IMR, AVR, and Risk Based Capital ( RBC ) except for establishing the appropriate carrying value. This guidance was effective for December 31, In May 2010, the NAIC modified SSAP No. 91R, Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities effective for December 31, This statement addresses collateral requirements for securities lending transactions and repurchase agreements by (i) clarifying that collateralization should be measured as the fair value of the collateral obtained, (ii) defining when collateral is on or off balance sheet in securities lending transactions, and (iii) clarifying that the change in fair value of reinvested collateral represents a separate risk and should be evaluated for OTTI. The Company adopted this guidance effective December 31, 2010; however, it did not have a material impact on the Company s financial statements. In December 2009, the NAIC issued SSAP No. 100, Fair Value Measurements ( SSAP 100 ), effective for financial statements for periods ending on or after December 31, This statement defines fair value, establishes a framework for measuring fair value when other statutory accounting pronouncements require or permit fair value measurements and expands disclosures about fair value measurements. The statement adopts U.S. GAAP guidance for calculating fair value with minor modifications. Statutory accounting principles rejected the U.S. GAAP concept of incorporating nonperformance risk in the fair value measurement for a liability. The Company adopted this guidance effective December 31, 2010; however, it did not have a material impact on the Company s financial statements. The required disclosures are provided in Note 16 Fair Value Levels. In September 2009, the NAIC adopted revisions to SSAP No. 56, Separate Accounts which has been updated to include new disclosures related to separate accounts. These enhanced disclosure requirements are intended to provide regulators with an increased understanding of the reporting entity s separate account activity as well as how the separate account activity could affect the general account. The new disclosures, which are effective December 31, 2010, are provided in Note 9 Separate Accounts. In 2009, the NAIC modified SSAP No. 9, Subsequent Events. This guidance establishes general standards for accounting and disclosures of events that occur subsequent to the balance sheet date, but before the issuance of the financial statements. In addition, the Company must disclose the date through which subsequent events have been evaluated, and the date the financial statements were issued or available to be issued. This guidance was effective for the year ending December 31, The adoption of this guidance did not have an impact on the Company s financial statements. The required disclosure of the date through which subsequent events have been evaluated is provided in Note 17- Subsequent Events

11 In 2009, the NAIC issued INT 09-04, Application of the Fair Value Definition, which provides guidance for fair value measurements and disclosures when (i) estimating the fair value of an asset or liability if there was a significant decrease in the volume and level of trading activity for these assets or liabilities and (ii) identifying transactions that are not orderly. It also clarified that fair value continues to be the amount at which an asset or liability could be bought or sold in a current transaction between willing parties, that is not in a forced liquidation sale. This guidance was effective June 30, The Company adopted this guidance effective June 30, 2009; however, it did not have a material impact on the Company s financial statements. In November 2008, the NAIC issued SSAP No. 98, Treatment of Cash Flows when Quantifying Changes in Valuation and Impairments ( SSAP 98 ), an amendment to SSAP 43 with an effective date of January 1, 2009 with early adoption permitted. The Company early adopted this guidance in 2008 and the adoption did not have a material impact on the Company s financial statements. This guidance was superseded by SSAP 43R. In September 2008, the NAIC issued SSAP No. 99, Accounting for Debt Securities Subsequent to an Other- Than-Temporary Impairment, which provides guidance for the accounting treatment of premium or discount for a debt security subsequent to OTTI recognition. This guidance was effective January 1, 2009 with early adoption permitted. The Company adopted this guidance effective January 1, 2009 with a prospective application. Future Adoption of New Accounting Pronouncements In October 2010, the NAIC revised guidance pertaining to disclosure of withdrawal characteristics. These revisions expand the disclosure requirements for annuity actuarial reserves and deposit liabilities by withdrawal characteristics in accordance with the following categories: general account, separate account with guarantees, separate account nonguaranteed and the total. This guidance is effective as of January 1, The Company is in the process of assessing the impact of this new guidance on the notes to the financial statements. In October 2010, the NAIC modified the definitions of loan-backed and structured securities included in SSAP 43R. The revised definition expands the requirement to include any securitized asset where the underlying cash flows are from all types of asset pools and not just those emanating from either mortgages or securities. Regardless of the underlying collateral, each security structured through a special purpose entity, trust, or limited liability company is expected to be reported as a SSAP 43R security, not as an issuer obligation under SSAP No. 26, Bonds, excluding Loan-Backed and Structured Securities. This guidance is effective January 1, The Company is in the process of assessing the impact of this new guidance. In October 2010, the NAIC revised SSAP No. 5, Liabilities, Contingencies and Impairments of Assets. The revisions require a company to recognize, at the inception of a guarantee, a liability for the obligations it has undertaken in issuing the guarantee, even if the likelihood of having to make payments under the guarantee is remote. This includes related party guarantees, except when the transaction is considered an unlimited guarantee, such as a rating agency requirement to provide a commitment to support a subsidiary, or a guarantee made on behalf of a wholly owned subsidiary. The guidance also requires new disclosures for the company s guarantees. This guidance applies to all guarantees issued and outstanding as of December 31, The Company is in the process of assessing the impact of this new guidance. In October 2010, the NAIC adopted substantive revisions to SSAP No. 35, Guaranty Fund and Other Assessments. The revised SSAP modifies the conditions required before recognizing liabilities for insurancerelated assessments. The accounting for guaranty fund assessments would be determined in accordance with the type of guaranty fund assessment imposed, and would incorporate the concept of an "obligating event" for prospective-based premiums assessments in determining whether a liability should be accrued. The Company s adoption of this guidance effective January 1, 2011 is not expected to have a material effect on the Company

12 In June 2010, the NAIC clarified its intent on bifurcation of all realized gains and losses on sales of loanbacked and structured securities. This new guidance requires a cash flow analysis at date of sale to bifurcate the realized gain or loss between credit and noncredit. The credit portion goes to AVR and the noncredit to IMR. This guidance was issued as a revision to SSAP 43R and is effective for January 1, The Company is in the process of assessing the impact of this new guidance. Statutory vs. GAAP Basis of Accounting Financial statements prepared under NAIC SAP vary from those prepared under GAAP. The primary differences that apply to the financial statements of the Company are as follows: Fees assessed against universal life-type policies for services to be provided by the Company in future years are recognized as revenue in the year assessed, whereas under GAAP, they would be deferred and amortized over the periods benefited; the costs related to acquiring business, principally commissions, certain policy issue expenses and sales inducements are charged to income in the year incurred, whereas under GAAP, they would be deferred and amortized over the periods benefited; life insurance reserves are based on different assumptions than they are under GAAP; life insurance companies are required to establish an AVR by a direct charge to surplus to offset potential investment losses, whereas under GAAP, the AVR would not be recognized; investments in bonds are generally carried at amortized cost or values as prescribed by the DSID, whereas under GAAP, investments in bonds that are classified as available for sale or trading would be carried at fair value, with changes in fair value of bonds classified as available for sale charged or credited to equity, and changes in fair value of bonds classified as trading would be reflected in earnings; realized gains and losses resulting from changes in interest rates on fixed income investments are deferred in the IMR and amortized into investment income over the remaining life of the investment sold, whereas under GAAP, the gains and losses would be recognized in income at the time of sale; deferred income taxes exclude state income taxes and are admitted to the extent they can be realized within three years subject to a 15% limitation of capital and surplus with changes in the net deferred tax reflected as a component of surplus, whereas under GAAP, deferred income taxes include federal and state income taxes and changes in the deferred tax are reflected in either earnings or other comprehensive income; the benefit of a tax position is offset by a reserve if it is probable that the Company will have to pay additional tax and related charges as a result of a tax audit, whereas under GAAP, a tax position must be more-likely-than-not to be sustained upon examination by tax authorities before any tax benefit would be recorded in the financial statements and the amount of the benefit for any uncertain tax position would be the largest amount that is greater than 50% likely of being realized upon settlement; certain reinsurance transactions are accounted for using deposit accounting, assets and liabilities are reported net of reinsurance, whereas under GAAP, these transactions qualify for reinsurance accounting and assets and liabilities would be reported gross of reinsurance;

13 certain assets, such as intangible assets, furniture and equipment, deferred taxes that are not realizable within three years and unsecured receivables are considered nonadmitted and excluded from assets, whereas they would be included under GAAP subject to a valuation allowance, as appropriate; contracts that have any mortality and morbidity risk, regardless of significance, and contracts with life contingent annuity purchase rate guarantees are classified as insurance contracts, whereas under GAAP, contracts that do not subject the Company to significant risks arising from policyholder mortality or morbidity would be accounted for in a manner consistent with the accounting for interest bearing or other financial instruments; GAAP requires that for certain reinsurance arrangements whereby assets are retained by the ceding insurer (such as funds withheld or modified coinsurance) and a return is paid based on the performance of the underlying investments, then the liabilities for these reinsurance arrangements must be adjusted to reflect the fair value of the invested assets; NAIC SAP does not contain a similar requirement; contracts that contain an embedded derivative are not bifurcated between components and are accounted for consistent with the host contract, whereas under GAAP, the embedded derivative would be bifurcated from the host contract and accounted for separately; all other-than-temporarily impaired corporate securities are written down to fair value and, if certain conditions are met, the non-credit portion of OTTI on a loan-backed or structured security is not recognized, whereas under GAAP, if certain conditions are met, the non-credit portion of OTTI on a debt security would be recorded through other comprehensive income. A non-credit loss exists when the fair value of a security is less than the present value of projected future cash flows expected to be collected; undistributed income and capital gains and losses for limited partnership and limited liability companies are reported in surplus as unrealized gains or losses, whereas under GAAP, in many cases, under specialized accounting treatment for investment companies, unrealized gains and losses would be included in net income; changes in the fair value of derivative financial instruments not carried at amortized cost are recorded as unrealized capital gains or losses and reported as changes in surplus, whereas under GAAP, these changes would generally be reported through earnings unless deemed an effective hedge; certain derivative instruments are carried at amortized cost, whereas under GAAP, all derivative instruments would be carried at fair value; and certain universal life and variable universal life policies which do not pass through all investment gains to policyholders are maintained in separate accounts, whereas under GAAP, these policies would be reported in the general account assets and liabilities of the Company. The effects on the financial statements of the variances between NAIC SAP and GAAP are material to the Company

14 The following table reconciles the Company s statutory capital and surplus determined in accordance with statutory accounting practices with GAAP equity determined on a GAAP basis (in millions): December 31, Statutory Capital and Surplus $ 5,424 $ 4,998 AVR Statutory Capital and Surplus and AVR 6,012 5,489 Adjustments: Inclusion of deferred acquistion cost asset ("DAC") 3,783 4,355 Mark-to-market on investments 2, Removal of IMR liability Inclusion of statutory non admitted assets Inclusion of unearned revenue liability (334) (350) Inclusion of deferred tax (liability) (1,333) (780) Re-estimation of future benefits and policyholders' account balances (1,295) (1,210) Net assets of Separate Accounts Other (40) (73) Total Adjustments 3,348 2,331 Total GAAP Equity $ 9,360 $ 7,820 The following table reconciles the Company s statutory net income determined in accordance with statutory accounting practices with net income determined on a GAAP basis (in millions): Years Ended December 31, Statutory net gain from operations $ 614 $ 351 Realized capital (losses) (52) (126) Statutory Net Income Adjustments: Inclusion of net capitalization of DAC Inclusion of interest related gains Removal of IMR amortization (28) (12) Inclusion of net deferral of unearned revenue liability (36) (43) Inclusion of deferred income tax expense (67) (52) Re-estimation of future benefits and policyholders' account balance (14) (117) Other Total Adjustments Total GAAP Net Income $ 651 $

15 NOTE 2 - SIGNIFICANT ACCOUNTING POLICIES Use of Estimates The preparation of financial statements requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements. Management is also required to disclose contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expense during the period. Actual results may differ from those estimates. Investments Investments are valued in accordance with methods and values prescribed by the DSID. Bonds other than loan-backed and structured securities are stated at amortized cost using the interest method. Bonds in or near default (NAIC 6 designation) are stated at the lower of amortized cost or fair value. See Note 15 - Fair Value of Financial Instruments, for discussion of valuation methods for bonds. Loan-backed and structured securities are valued at amortized cost using the interest method including anticipated prepayments at the date of purchase. Loan-backed and structured securities in or near default (NAIC 6 designation) are stated at the lower of amortized cost or fair value. Changes in prepayment speeds and estimated cash flows from the original purchase assumptions are evaluated quarterly. For high credit quality loan-backed and structured securities (those rated AA or above at date of acquisition), projected future cash flows are updated quarterly, and the amortized cost and effective yield of the security are adjusted to reflect historical prepayment experience and changes in estimated future prepayments. The adjustments to amortized cost are recorded as a charge or credit to net investment income in accordance with the retrospective method. The prospective yield method is used for securities that are not of high credit quality (rated below AA at date of acquisition), certain floating rate securities and securities that have potential for loss of a portion of the original investment (e.g. interest only securities). See Note 15-Fair Value of Financial Instruments, for discussion of valuation methods for bonds. Preferred stocks in good standing (NAIC designation 1 to 3) are valued at amortized cost. Preferred stocks not in good standing (NAIC designation 4 to 6) are valued at the lower of amortized cost or fair value. See Note 15 - Fair Value of Financial Instruments, for discussion of valuation methods for preferred stocks. Unaffiliated common stocks are carried at fair value. Unrealized gains and losses are reflected in surplus, net of deferred taxes. See Note 15 - Fair Value of Financial Instruments, for discussion of valuation methods for unaffiliated common stocks. The cost basis of bonds and equity securities is adjusted for impairments in value deemed to be other than temporary. Factors considered in evaluating whether a decline in value is other than temporary include: 1) whether the decline is substantial; 2) the duration that the fair value has been less than cost; 3) the financial condition and near-term prospects of the issuer; and 4) the Company s ability and intent to retain the investment for the period of time sufficient to allow for an anticipated recovery in value. When a bond other than loan-backed and structured securities, preferred stock or common stock is deemed other-than-temporarily impaired, the difference between the investments amortized cost and its fair value is recognized as a realized loss and reported in net income. The new cost basis of an impaired security is not adjusted for subsequent increases in estimated fair value. In periods subsequent to the recognition of an other-than-temporary impairment, the impaired bond is accounted for as if it had been purchased on the measurement date of the impairment. Accordingly, the discount (or reduced premium) based on the new cost basis may be accreted into net investment income in future periods based on prospective changes in cash flow estimates, to reflect adjustments to the effective yield

16 An other-than-temporary loss on loan-backed and structured securities is recognized in net income when it is anticipated that the amortized cost will not be recovered. The entire difference between the loan-backed or structured security s amortized cost and its fair value is recognized in net income only when the Company (a) has the intent to sell the security or (b) it does not have the intent and ability to hold the security to recovery. If neither of these two conditions exists, a realized loss would be recognized in net income for the difference between the amortized cost basis of the security and the net present value of projected future cash flows expected to be collected. The net present value is calculated by discounting the Company s best estimate of projected future cash flows at the effective interest rate implicit in the loan-backed or structured security prior to impairment. The determination of cash flow estimates in the net present value is subjective and methodologies will vary, depending on the type of security. The Company considers all information relevant to the collectibility of the security, including past events, current conditions, and reasonably supportable assumptions and forecasts in developing the estimate of cash flows expected to be collected. This information generally includes, but may not be limited to, the remaining payment terms of the security, estimated prepayment speeds, defaults, recoveries upon liquidation of the underlying collateral securing the notes, the financial condition of the issuer(s), credit enhancements and other third party guarantees. In addition, other information, such as industry analyst reports and forecasts, sector credit ratings, the financial condition of the bond insurer for insured fixed income securities and other market data relevant to the collectibility may also be considered, as well as the expected timing of the receipt of insured payments, if any. The estimated fair value of the collateral may be used to estimate recovery value if the Company determines that the security is dependent on the liquidation of the collateral for recovery. For the Non-Agency RMBS portfolio, the Company updates cash flow projections quarterly. The projections are done for each security based upon the evolution of prepayment, delinquency, and default rates for the pool of mortgages collateralizing each security, and the projected impact on the course of future prepayments, defaults, and loss in the pool of mortgages, but do not include market prices. As a result, forecasts may change from period to period and additional impairments may be recognized over time as a result of deterioration in the fundamentals of a particular security or group of securities and/or a continuation of heightened mortgage defaults for a period longer than the assumptions used for the forecasts. Both qualitative and quantitative factors are used in creating the Company's RMBS cash flow models. As such, any estimate of impairments is subject to the inherent limitation on the Company's ability to predict the aggregate course of future events. It should therefore be expected that actual losses may vary from any estimated losses and the Company may recognize additional other-than-temporary losses. Mortgage loans on real estate are carried at unpaid principal balances, net of discounts/premiums and valuation allowances, and are secured. Specific valuation allowances are established for the excess carrying value of the mortgage loan over the estimated fair value of the collateral, when it is probable that, based on current information and events, the Company will be unable to collect all amounts due under the contractual terms of the loan agreement. Fair value of the collateral is estimated by obtaining a current appraisal. If impairment is deemed to be other than temporary, a direct write-down is recognized as a realized loss reported in net income and a new cost basis, which is equal to the fair value of the collateral for the individual mortgage loan, is established. See Note 15 - Fair Value of Financial Instruments, for discussion of valuation methods for mortgage loans. Real estate held for the production of income is stated at cost less accumulated depreciation and encumbrances. Real estate held for sale is stated at the lower of cost less accumulated depreciation or fair value less encumbrances and estimated costs to sell, which may result in an other-than-temporary impairment. Depreciation of real estate is calculated using the straight-line method over the estimated lives of the assets, generally 40 years. Costs of permanent improvements are depreciated over their estimated useful life. Policy loans are stated at the aggregate balance due. The excess of the unpaid balance of a policy loan that exceeds the cash surrender value is nonadmitted

17 Limited partnerships and limited liability companies, which have admissible audits are carried at the underlying audited equity of the investee and are adjusted for impairments that are deemed to be other than temporary. The Company nonadmits the entire investment when an admissible audit is not performed. Dividends and distributions from limited partnerships and limited liability companies are recorded in investment income. Undistributed earnings are included in unrealized gains and losses and are reflected in surplus, net of deferred taxes. The cost basis of limited partnerships and limited liability companies is adjusted for impairments in value deemed to be other than temporary. Derivative instruments that are effective hedges are valued consistent with the items being hedged. Investment income or expense is recorded on an accrual basis. Gains and losses related to contracts that are effective hedges are recognized in income in the same period as the gains or losses on the hedged assets or liabilities. Generally, periodic payments received on these derivatives are reported in net investment income. Realized gains and losses that are recognized upon termination or maturity where the underlying is subject to the IMR are transferred, net of taxes, to the IMR. All other realized gains and losses are recognized in net income, net of taxes, upon termination or maturity of derivative contracts. Derivative instruments that are entered into as income generation transactions are carried at fair value, with changes in fair value reported as unrealized gains and losses in surplus, net of deferred taxes. Realized gains and losses are recognized, net of taxes, in net income upon expiration or termination. Derivative instruments that are not designated as, or do not meet the criteria of an effective hedge are carried at fair value with unrealized gains and losses reported in surplus, net of deferred taxes. Investment income or expense is recorded on an accrual basis. Generally, periodic payments received on these derivatives are reported in net investment income. Upon termination of these non-qualifying derivatives, the gain or loss is included in realized gain and losses, net of taxes. Realized gains and losses on terminated interest rate related derivatives are transferred to the IMR, net of taxes. See Note 15 - Fair Value of Financial Instruments, for discussion of valuation methods for derivative instruments. Short-term investments consist of securities that have original maturities of greater than three months and less than twelve months at date of purchase and are stated at amortized cost, which approximates fair value. Cash and cash equivalents include cash on hand, amounts due from banks and highly liquid debt instruments that have original maturities of three months or less at date of purchase and are stated at amortized cost, which approximates fair value. All securities are recorded in the financial statements on a trade date basis except for the acquisition of private placement securities, which are recorded on the funding date. The AVR is used to stabilize surplus from fluctuations in the market value of bonds, stocks, mortgage loans, real estate, limited partnerships and other investments. Changes in the AVR are accounted for as direct increases or decreases in surplus. The IMR captures interest related realized gains and losses on sales (net of taxes) of bonds, preferred stocks, mortgage loans, interest related other-than-temporary impairments (net of taxes) and realized gains or losses (net of taxes) on terminated interest rate related derivatives which are amortized into net income over the expected years to maturity of the investments sold or the item being hedged by the derivative using the grouped method. An interest related other-than-temporary impairment occurs when the Company has the intent to sell an investment, at the balance sheet date, before recovery of the cost of the investment. For loan-backed and structured securities, if the Company intends to sell, or does not have the intent and ability to hold the security at the balance sheet date before recovery of the cost of the investment, the non-interest related other-than-temporary impairment is booked to AVR, and the interest related portion to IMR

18 Loaned Securities and Repurchase Agreements The Company has entered into securities lending agreements whereby certain general account investment securities are loaned to third parties for the purpose of enhancing income on certain securities held. Securities loaned are treated as financing arrangements, and are recorded at the amount of cash advanced or received. With respect to securities loaned, the Company requires initial collateral, usually in the form of cash, equal to 102% of the fair value of domestic securities loaned. If foreign securities are loaned and the denomination of the collateral is other than the denomination of the currency of the loaned securities, then the initial required collateral is 105% of their face value. The Company monitors the fair value of securities loaned with additional collateral obtained as necessary. The Company enters into agreements to sell and repurchase securities for the purpose of enhancing income on the securities portfolio. Under agreements to sell and repurchase securities, the Company obtains the use of funds from a broker for generally one month. Assets to be repurchased are the same, or substantially the same, as the assets transferred. Securities sold under agreements to repurchase are treated as financing arrangements. Cash collateral received is invested in short-term investments with an offsetting collateral liability included in Borrowed money in the accompanying Statutory Statements of Financial Position. The Company receives initial collateral equal to at least 95% of the fair value of the securities to be repurchased. The fair value of the securities to be repurchased is monitored and additional collateral is obtained, where appropriate, to protect against credit exposure. The Company enters into agreements to purchase and resell securities for the purpose of enhancing income on the securities portfolio. Securities purchased under agreements to resell are treated as investing activities and are carried at amortized cost, and it is the Company s policy to generally take possession or control of the securities purchased under these agreements. However, for tri-party repurchase agreements, the Company s designated custodian takes possession of the underlying collateral securities. Securities purchased under agreements to resell are reflected in Cash, cash equivalents and short-term investments in the accompanying Statutory Statements of Financial Position. The Company receives securities as collateral, having a fair value at least equal to 102% of the purchase price paid by the Company for the securities. The fair value of the securities to be resold is monitored and additional collateral is obtained, where appropriate, to protect against credit exposure. Premiums and Related Expenses Life premiums are taken into income over the premium-paying period of the policies. Annuity considerations are recognized as revenue when received. Commissions and other costs associated with acquiring new business are charged to operations as incurred. Amounts received or paid under contracts without mortality or morbidity risk are recorded directly in the Statutory Statements of Financial Position as an adjustment to Deposit funds and not reflected in the Statutory Statements of Operations. Policy Reserves Policy reserves are based on mortality tables and valuation interest rates, which are consistent with statutory requirements and are designed to be sufficient to provide for contractual benefits. The Company holds reserves greater than those developed under the minimum statutory reserving rules when the Valuation Actuary determines that the minimum statutory reserves are inadequate. See Note 8 - Insurance Liabilities, for discussion of reserves in excess of minimum NAIC requirements

19 Federal Income Taxes Current federal income taxes are charged or credited to operations based upon amounts estimated to be payable or recoverable as a result of taxable operations for the current year and any adjustments to such estimates from prior years. DTAs and deferred federal tax liabilities ( DTLs ) are recognized for expected future tax consequences of temporary differences between statutory and taxable income. Temporary differences are identified and measured using a balance sheet approach whereby statutory and tax balance sheets are compared. Changes in DTAs and DTLs are recognized as a separate component of surplus (except for the net deferred tax asset related to unrealized gains, which is reclassified to be included in unrealized gains and losses). Net deferred tax assets are admitted to the extent permissible under NAIC SAP. Gross DTAs are reduced by a statutory valuation allowance, if any, if it is more likely than not that some portion or all of the gross DTA will not be realized. The benefit of a tax position is offset by a tax contingency reserve if it is probable that the Company will have to pay additional tax and related charges as a result of an adjustment by the taxing authorities during a tax audit. The Company is a member of an affiliated group, which files a consolidated federal income tax return with New York Life. The consolidated income tax liability is allocated among the members of the group in accordance with a tax allocation agreement. The tax allocation agreement provides that the Company is allocated its share of the consolidated tax provision or benefit, determined generally on a separate company basis, but may, where applicable, recognize the tax benefits of net operating losses or capital losses utilizable in the consolidated group. Intercompany tax balances are settled quarterly on an estimated basis with a final settlement within 30 days of the filing of the consolidated return. Separate Accounts The Company has established both non-guaranteed and guaranteed separate accounts with varying investment objectives which are segregated from the Company's general account and are maintained for the benefit of separate account policyholders. Assets held in non-guaranteed separate accounts are stated at market value. Assets held in guaranteed separate accounts are stated at amortized cost up to the value of policyholder reserves and at fair value thereafter. Certain derivatives held within guaranteed separate accounts not qualifying for hedge accounting ( non-qualifying ), are always carried at fair value. The value of guaranteed separate account assets is adjusted for impairments deemed to be other than temporary. The liability for separate accounts represents policyholders interests in the separate account assets, excluding liabilities representing due and accrued transfers to the general account. For its non-guaranteed separate accounts, these liabilities include accumulated net investment income and realized and unrealized gains and losses on those assets. For the guaranteed separate accounts, the liability represents amounts due to policyholders pursuant to the terms of the contract. Guaranteed separate accounts maintained on an amortized cost/book value basis provide a guarantee of principal and interest during active status. A market value adjustment may be imposed on partial surrenders. Interest rates on these contracts may be adjusted annually, or more frequently as required by each contract. Nonadmitted Assets Under statutory accounting practices, certain assets are designated as nonadmitted assets and are not included in the accompanying Statutory Statements of Financial Position since these assets are not permitted by the DSID to be taken into account in determining an insurer s financial condition. Nonadmitted assets often include furniture and equipment, agents debit balances, deferred tax assets not realizable within three years, and receivables over 90 days past due. Changes in nonadmitted assets are reported as a direct adjustment to surplus in the Statutory Statements of Changes in Surplus

20 Fair Values of Financial Instruments and Insurance Liabilities Fair values of various assets and liabilities are included throughout the notes to the financial statements. Specifically, fair value disclosure of investments held is reported in Note 3 - Investments. Fair values for derivative financial instruments are included in Note 5 - Derivative Financial Instruments and Risk Management. Fair values for insurance liabilities are reported in Note 8 - Insurance Liabilities. The aggregate fair value of all financial instruments summarized by type is included in Note 15 - Fair Values of Financial Instruments. Contingencies Amounts related to contingencies are accrued if it is probable that a liability has been incurred and an amount is reasonably estimable. Regarding litigation, management evaluates whether there are incremental legal or other costs directly associated with the ultimate resolution of the matter that are reasonably estimable and, if so, includes such costs in the accrual. Foreign Currency Translation For foreign currency items, income and expenses are translated at the average exchange rate for the period while balance sheet items are translated using the spot rate in effect at the balance sheet date. Business Risks and Uncertainties In periods of extreme volatility and disruption in the securities and credit markets and under certain interest rate scenarios, the Company could be subject to disintermediation risk and/or reduction in net interest spread or profit margins. The Company s investment portfolio consists principally of fixed income securities as well as mortgage loans, policy loans, limited partnerships and preferred and common stocks. The fair value of the Company s investments varies depending on economic and market conditions and the interest rate environment. Furthermore, with respect to investments in mortgage loans, mortgage-backed securities and other securities subject to prepayment and/or call risk, significant changes in prevailing interest rates and/or geographic conditions may adversely affect the timing and amount of cash flows on these investments, as well as their related values. In addition, the amortization of market premium and accretion of market discount for mortgage-backed securities is based on historical experience and estimates of future payment experience underlying mortgage loans. Actual prepayment timing will differ from original estimates and may result in material adjustments to asset values and amortization or accretion recorded in future periods. Certain of these investments lack liquidity, such as privately placed fixed income securities; leveraged leases; and other limited partnership interests. The Company also holds certain investments in asset classes that are liquid but have been experiencing significant market fluctuations, such as mortgage-backed and other assetbacked securities. If the Company were to require significant amounts of cash on short notice in excess of cash on hand and its portfolio of liquid investments, the Company could have difficulty selling these investments in a timely manner, be forced to sell them for less than the Company otherwise would have been able to realize, or both. In periods of high or increasing interest rates, life insurance policy loans and surrenders and withdrawals may increase as policyholders seek investments with higher perceived returns. This could result in cash outflows requiring the Company to sell invested assets at a time when the prices of those assets are adversely affected by the increase in market interest rates, which could cause the Company to suffer realized investment losses. In addition, when interest rates rise, the Company may face competitive pressure to increase crediting rates on certain insurance and annuity contracts, and such changes may occur more quickly than corresponding changes to the rates earned on the Company s general account investments